(Case T-16/07)

Community trade mark – Opposition procedure – Application for Community word mark TORRE DE BENÍTEZ – Earlier national, Community and international word and figurative marks evoking a number of towers – Relative ground for refusal – No likelihood of confusion

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 46, 73)

Re:

ACTION brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 November 2006 (Case R 36/2006-2) relating to opposition proceedings between Miguel Torres, SA and Sociedad Cooperativa del Campo San Ginés.

Information relating to the case

Applicant for the Community trade mark:

Sociedad Cooperativa del Campo San Ginés

Community trade mark sought:

Word mark TORRE DE BENÍTEZ for goods in Class 33 – Application No 2438018

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition:

International and national word mark Torres for goods in Class 33, and various other Community, national and international marks

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Miguel Torres, SA to pay the costs.